P. v. Payne

Filed 5/31/06 P. v. Payne CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

‑‑‑‑

Codefendants Sharrone Jacinta Payne and Chad Lee McDowell were found guilty by a jury of driving in willful or wanton disregard for the safety of others while fleeing a pursuing peace officer (Veh. Code, § 2800.2, subd. (a)‑‑count one), receiving stolen property (Pen. Code, § 496, subd. (a)‑‑count two), petty theft with a prior theft conviction (id., § 666‑‑count three) and assault with a deadly weapon on a police officer (id., § 245, subd. (c)‑‑count four). The trial court sentenced Payne to three years in state prison but suspended execution of the sentence and ordered her to serve a year in county jail. McDowell was denied probation and sentenced to serve a term of five years four months in state prison.

Defendants appeal, claiming various evidentiary errors, as well as insufficiency of the evidence on some of the charges. Although we reject these claims, we agree with another claim by defendants that they were erroneously convicted of theft and receiving stolen property. Accordingly, we shall reverse defendants' convictions for receiving stolen property (Pen. Code, § 496, subd. (a)‑‑count two).

FACTUAL BACKGROUND

On February 14, 2004, Guadalupe Garcia, a security officer at Florin Mall in Sacramento, was alerted by two individuals that two subjects in the Wirecom store were engaged in â€